CHAPTER 15 PROMOTION OF COMPETITION ARTICLE 65 ANTI-COMPETITIVE CONDUCT (a) A Licensed Operator shall not do or omit to do anything which has the effect of materially preventing, restricting or distorting competition in any commercial field concerning the Telecommunications sector in the Kingdom, where such act or omission is done in the course of operating a Telecommunications Network, providing a Telecommunications service or in connection with any such matter. (b) The act or omission referred to in the preceding paragraph mean the following: (c) 1 abuse by the Licensed Operator, either independently or with others, of a Dominant Position in the market or in a substantial part of it which materially prevents or limits competition in an unfair manner. 2 conclude any agreement, enter into any arrangement or understanding or undertaking any concerted practice with any other Person which materially prevents, restricts or distorts competition in the market. 3 cause anti-competitive changes in the market structure, in particular anticompetitive mergers and acquisitions in the Telecommunications sector. The restrictions provided for in subparagraph (2) of paragraph (b) of this Article shall not apply to any act or omission if it results in improving the provision of any goods or services or promoting technical or economic progress in the Kingdom if the Subscribers and Users have a reasonable share of the resulting benefit, provided that: 1 no restrictions other than those indispensable to attaining such objectives shall be imposed on Subscribers and Users. 2 the act or omission shall not substantially reduce competition in the market for the relevant goods or services. (d) The Authority shall, when determining whether an act or omission (whether ongoing or temporary) constitutes anti-competitive conduct, have regard to the provisions of this Law and to the conditions of the Licence of the Telecommunications operator. (e) Before issuing a determination in accordance with the provision of the preceding paragraph, the Authority shall notify the Licensed Operator of the following: 1 that it is investigating a possible breach of the provision of this Article. -46Translation dated 12 April 2009 This is an unofficial translation of the Law. It is provided for information purposes only. Reliance may only be placed upon the official Arabic version of the Law published in the Official Gazette of the Kingdom of Bahrain. Any comments on this translation will be gratefully received by the Authority. Please email any comments to: contact@tra.org.bh